172Immunity

172 Immunity

S. 172(1) amended by No. 49/2025 s. 54(1).

(1) Any person who believes on reasonable grounds that any provisions of this Act are being contravened and notifies the Early Childhood Regulator or an authorised officer of that belief and the reasonable grounds for it—

(a) is not liable to any action or proceedings for unprofessional conduct or a breach of professional ethics; or

(b) if it is made in good faith, is not subject to any liability—

with respect to that notification.

(2) In any legal proceedings evidence as to the grounds contained in a notification under subsection (1) for the belief that this Act is being contravened may be given but evidence that a particular matter is contained in such a notification or evidence that identifies the person who made the notification as the notifier or is likely to lead to the identification of that person as the notifier is only admissible in the proceedings if the court or tribunal grants leave for the evidence to be given or if the notifier consents in writing to the admission of that evidence.

(3) A witness in a proceeding referred to in subsection (2) must not be asked and, if asked, is entitled to refuse to answer—

(a) any question to which the answer would or might identify the person who made a notification under subsection (1) as the notifier or might lead to the identification of that person as the notifier; or

(b) any question as to whether any matter is contained in a notification made under subsection (1)—

unless the court or tribunal grants leave for the question to be asked or the notifier has consented in writing to the question being asked.

(4) A court or tribunal may only grant leave under subsection (2) or (3) if—

S. 54(4)(a) amended by No. 10/2005 s. 3(Sch. 1 item 4.1).

(a) in the case of a proceeding in the court or in any other court arising out of a proceeding in the court or in the Victorian Civil and Administrative Tribunal on a review under section 55 it is satisfied that it is necessary for the evidence to be given to ensure the safety and well-being of any child being cared for or educated by a children's service;

(b) in any other case, it is satisfied that the interests of justice require that the evidence be given.

S. 54(5) amended by Nos 37/2014 s. 10(Sch. item 17.2), 49/2025 s. 54(2).

(5) If a notification is made under subsection (1), a person (other than the person who made it or a person acting with the written consent of the person who made it) must not disclose to any person other than the Early Childhood Regulator, a police officer or any other person or class of person authorised by the Early Childhood Regulator—